1) Which of the following is a Correct statement concerning legal rights?
Legal rights are the legal capacity to require another person to do or not do an act.
Our rights flow from the U.S. Constitution, State Constitution, Federal and State statutes, and local laws.
Duties and rights go hand in hand.
All of the above
2) Which of the following is a right?
Marriage
Education
Vote
Drive
3) Which of the following is NOT a right?
Healthcare
Vote
Privacy
Due Process
4) The City Police Department knock on Jesse's door and ask could they please come and search. Jesse says, "No", What gives him the right to say No?
The 4th Amendment Right of Privacy
The Right of Due Process
The Right to Remain Silent
None of the above
5) Sources of American law include:
Constitution
Statutes enacted by state legislatures
Case Law
All of the above
6) What establishes the structure of our government and the relationship of that government to the people who are governed?
Case Law
Common Law
The Constitution
7) What is the Supreme Law of the Land?
Declaration of Independence
Bill of Rights
Stat utory Law
None of the Above
8) What types of law are created through legislative acts? Meaning the law starts off as a Bill and then it goes before the House and the Senate. Once, it is voted upon it becomes what?
Case Law
Administrative Law
Regulation Law
Stat utory Law
9) Florida Legislators passed the "Stand your Ground Law". It was a law that started out as a Bill and passed the House and the Senate. What type of law is this?
Ordinance
Civil Code
Federal Law
State Statute
10) A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of a (n) ________________law.
Procedural
Substantive
Inculpatory
Exculpatory
11) What are laws that establish the process of the legal system?
Substantive laws
Procedural laws
Public laws
Private laws
12) Florida Legislators passed the "Stand your Ground Law". What type of law is this?
Ordinance
Civil Code
Federal Law
State Statute
13) The Supreme Court case Plessy vs. Ferguson in 1896 established the law that we could be separate but equal. Then in 1954 Brown vs. Board of Education stated that we could not be separate but equal. Now, Brown vs. Board of Education is the law because of which legal principle?
De Facto Law
Res judicata
Stare Decisis
None of the above
14) Constitutional, Administrative, and Criminal laws are considered what type of laws?
Public laws
Private Laws
Procedural Laws
Civil laws
15) The power given to courts to hear certain types of cases is called:
Jurisdiction
Mediation
Arbitration
Summary judgment
16) Original jurisdiction courts are generally_________.
Supreme courts
Appellate courts
Trial courts
Limited courts
17) The Volusia County Trial court ruled against Kaylen and she did not agree with the decision. What action could she take?
She could appeal to the Florida Supreme Court.
She could appeal to the Florida Appellate court.
She could write an appeal letter to the Attorney General.
There is nothing else that she could do.
18) In deciding which cases it will hear, the United States Supreme Court
Must hear cases referred to it by the Justice Department.
Must hear cases referred to it by a state master in chancellery.
Must hear cases that challenge whether federal laws are against the constitution.
Has virtually total discretion to decide which cases it will hear.
19) Susan wants to sue ABC Company for product liability, what is the name of the pleading that she needs to file with the court to begin the lawsuit?
Complaint
Answer
Charge
None of the above
20) Once the lawsuit of Susan vs. ABC Company begins, Susan's attorney has to go through the jury selection process and question potential jurors to determine qualifications and biases. What is this process called?
Peremptory Challenges
Stare Decisis
Res Judicata
Voir Dire
21) If Susan's Attorney decides to excuse jurors, this process is called?
Peremptory Challenges
Stare Decisis
Res Judicata
Voir Dire
22) What is an alternative dispute resolution method that companies can use other than the court system? (Choose the MOST COMPLETE answer)
Mediation
Arbitration
Both a. and b.
None of the above
23) _______________is the process involving a third party's efforts to help disputing parties reach a settlement but that third party does not make a decision.
Settlement
Mediation
Arbitration
Arbitration and Mediation
24) Two companies are in a dispute and they want to settle their dispute, but they are having problems seeing eye to eye. They have decided on a resolution method where a third party has the authority to enforce a resolution. Which resolution method did they choose?
Settlement
Arbitration
Trial
Mediation
25) If we were to use the law to decide what is unethical or ethical in business ethics, how would we define or describe what is ethical?
We would use positive law which says if an act is legal it is moral
We would the utilitarian theory
We would use the rights theory
None of the above
26) Hiram believed in all of his heart that he needed to inform his people that everyone has a set of rights and that it is the government's responsibility to protect our rights. What Ethical Theory does Hiram believe?
Positive Law
Rights Theory
Utilitarian Theory
All of the above
27) The Utilitarian Theory
Holds that we all act in our own self-interest
Is based on doing the most good for the most people
Resolves ethical dilemmas according to time and place
Believes that solving ethical dilemmas requires training
28) Under the Constitution, the powers of the executive, legislative and judicial branches are designed to restrain or limit the powers of the other branches through separation of powers. This process is known as
Governmental restraint
Checks and balances
Executive oversight
Legislative prerogative
29) A person of one state who engages in important activities in another state is entitled to the same treatment as if he or she is in their home state. This is the ___________Clause of the Constitution.
Privileges and Immunities
Full Faith and Credit
Supremacy
Takings
30) Jamila is from Florida and travels to South Carolina. When she gets to South Carolina she expects to be treated as if she is a resident of South Carolina? Which Clause of the Constitution applies to this scenario?
Privileges and Immunities
Full Faith and Credit
Supremacy
Takings
31) The power of the courts to declare legislation invalid or unlawful because it violates the Constitution is the power of ___________________.
Judicial discretion
Res judicata
Judicial review
Judicial oversight
32) The federal government may enforce regulations on business:
By virtue of its police power
To advance the interest of homeland security
To advance the nation's economic needs
If the business engages in interstate commerce and If those regulations do not impose an unreasonable burden
33) What type of laws prevent barriers to market entry?
Anti-trust laws
The constitution
Procedural Laws
Conspiracy Laws
34) What is the purpose of the Sherman Act?
To prevent unfair methods of competition
To prevent unfair monopolies
To regulate unfair business practices that would place barriers to entry
All of the above
35) AT&T attempted to buy T-Mobile. The SEC did not approve this sale because of which of the following?
AT&T didn't have the money
T-Mobile CEO said no
Sherman Anti-Trust Act prohibited the sale
None of the above
36) Which of the following is NOT a Statute that cover different types of anticompetitive behavior?
Anti-Monopolization Act
Clayton Act
Robinson-Patman Act
Sherman Act
37) An administrative agency can be created to perform:
Only one of the three functions of government (executive, legislative, or judicial)
Any two of the three functions of government
All three of the functions of government
None of the three functions of government
38) Generally, which power(s) does (do) an administrative agency possess?
All powers necessary to effectively perform the duties entrusted to it which includes l legislative, executive, and judicial
Legislative only
Judicial only
Executive only
39) An administrative regulation:
Is a guideline that may be voluntarily followed
Has the same strength as laws
Is a suggestion of what will protect the environment
Is a standard used to guide an industry at the industry's discretion
40) When it comes to administrative agencies, courts:
Regard agencies as able to perform their duties effectively
Accept rules that have been established by agencies using a rational basis
Do not make their own judgment in agency decisions
All of the above